(A) If the stray cart is affixed with the identification required under § 8.36.070, removal may occur three business days after an enforcement officer gives the owner of the cart actual notice of the cart’s discovery and location. An owner is deemed to have actual notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the owner’s last known address. If actual notice is provided by telephone, the enforcement officer shall maintain a record of the time, date and name of the person notified.
(B) As authorized by Cal. Business and Professions Code § 22435.7, an enforcement officer shall also have the authority to immediately remove any stray cart on public or private property, if the owner, or his or her agent, is provided notice within 24 hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed. Further, in instances where the location of a shopping cart will impede emergency services, an enforcement officer shall have authority to immediately retrieve a shopping cart from public or private property. As to each shopping cart immediately removed, the enforcement officer shall provide notice to the cart owner as provided by § 8.36.140(B).
(`78 Code, § 8.36.090.) (Ord. 3279 § 3 (part), 2018; Ord. 2833 § 2 (part), 2006; Ord. 2313 § 1 (part), 1997; Ord. 2255 § 1 (part), 1995.)